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Blank Rome Represents Inscyth, Inc. in Copyright Infringement Suit

July 13, 2018

A Blank Rome team successfully represented our client, Inscyth, Inc., in prosecuting a copyright infringement suit brought in the Eastern District of Texas after a former employee of Inscyth, Joshua Jarvis, made unauthorized copies of Inscyth’s copyrighted computer code and sold those copies to Inscyth’s competitors.

The Blank Rome team filed a complaint and a motion for a temporary restraining order against the infringers alleging copyright violations, digital trespass under the Digital Milllenium Copyright Act (17 U.S.C. § 1201), and violations of the Computer Fraud and Abuse Act (18 U.S.C. § 1030), as well as common law causes of action. Rather than contest the motion for a TRO, the defendants entered into stipulations with Inscyth. Following a mediation, the defendants settled with Inscyth and entered into a consent judgment and a permanent injunction acknowledging and agreeing, inter alia, that:

Inscyth’s copyrights are valid and enforceable, and were infringed by the defendants;

the defendants have no interest or ownership in any of Inscyth’s code; and

the defendants are permanently enjoined from any further act of copyright infringement.

In addition, Defendant Joshua Jarvis agreed to disassociate himself from Inscyth’s competitors for a period of two years and agreed to the entry of a $50,000 judgment against him for his infringement of Inscyth’s code. All of the defendants agreed to permanently delete all copies of Inscyth’s code from their storage devices and to allow Inscyth to verify their compliance with this and other provisions.